rowdyraven112 said:Pffft... you guys have overcomplicated this to death...
First thing's first... The court order says you owe $217 (rounding up since I haven't seen the actual paperwork). I am 2000000% certain that the order specifies you owe that amount to the plaintiff, including their full legal name, SSN, and address. You've been playing dumb this whole time (to put it politely). Your job was simple: pay the debt to the creditor's account and the fees to the court, or wherever the damn order instructed you to.
Furthermore, regarding the execution against your mother (honestly, I had to laugh at that "not sure what to do next" part—kind of like when people at T-Mobile say, "Whoops, we're being a bit too playful here" 🙂), you should have filed an objection. You should have explained that the matter is ongoing and provided the necessary documentation. Instead, you did what most people in this country do... you didn't file an objection, you probably just went off fighting with some law firm, and let the execution become final...
As for the bailiff and his conduct, go ahead and take that stack of papers to the police and file a report for impersonation. The police are required to explain your rights based on that and they have to take your report. It probably won't accomplish much, but hey, you never know... if you stay persistent, maybe some clerk gets a reprimand. Nothing will happen, but it makes you feel better, right? Just make sure you coordinate your statements about what the creditor looked like. Don't let Mom say he had blond hair while you swear he was a brunette, or get wrong about his eye color...
What now? Long story short, you have a final court order against your father for $217 plus a finalized execution against your mother. In both cases, under the law, you are obligated to pay the full amounts. The only move you have left is to take all your documentation to the creditor and negotiate exactly what needs to be paid, since they tried to collect the same amount twice. Naturally, having the paperwork from those conversations is mandatory (since they won't tell you anything and just point you back to the law firm...). So, feel free to threaten them with a lawsuit for attempted fraud.
In any case, if you end up paying the same amount twice, you can sue them. Capitalism gave us debt collection agencies for a reason... you could take your documents to them, sign a contract where you waive any risk, they pay you whatever you agree upon, and then they go after your claims—which would technically be theirs now.
Or you can hire your own lawyer and go fight for justice and what's right...
Or you can write a letter to Obama...
You have a million options. But the biggest issue here is your sheer lethargy and how careless you've been about all of this.
BTW, a pipe burst in my building recently and flooded people's apartments. It didn't occur to us to stop paying the water bill. So, feel free to give your HOA president a good smack for giving such "top-tier" advice. 😉
you're right about a lot of it. but there's more to it. for example, when my father received that order, he wrote an appeal without consulting my mother or me; he just signed it himself. You can tell from the writing he had absolutely no clue what was going on. When my mother got her order, she called the water company to find out how to pay the debt and stop the execution; the instruction was to pay the amount on the order and notify them once it was done. That was the same instruction given by the water company's lawyer. The amount was paid within 6 days of receiving the order, and they were notified so they could drop the execution. For 15 days—meaning 8 years—they haven't stopped the execution or even acknowledged it, despite having proof that it was paid. Meanwhile, hearings keep happening in my father's separate case, where at the first hearing, they kick him out of the courtroom before he can even testify (I assume he was being too loud and swearing, side effects from serious brain surgeries), and later they argue about whether the pipe burst in the building or outside. Nobody asks if it was paid and nobody mentions it. He keeps asking the court to determine the exact debt they are charging him because the court claims one number, the water company claims another, and the law firm is talking about a third. His case ends up at the appellate court with a ruling that he has to pay what was already paid 8 years ago.
Now they’re coming after her to cover his legal costs, yet today they just dropped part of the execution regarding her lawsuit... 🤣 🤷
Anyway, when they don't have an answer, they just claim it's a separate legal matter. But when you ask how they can even attempt to seize money from someone who isn't even a party to the lawsuit—since it's all one single case and there aren't two separate ones—they just stonewall. 🤣
Basically, even though a settlement was signed with the water department to cover all the legal fees (depending on how the water company and the court want to frame it), they didn't bother notifying the creditor within the 15-day window they were supposed to. Not until I went down to the courthouse today and really made a scene did the woman from the water company promise to send over the stay of execution tomorrow.
And get this... even though the water department is the one responsible for halting the execution once payment is made—and they're the only ones with the authority to do it—the clerk at the courthouse is asking *me* for the receipt before they'll even consider accepting the stay. Absolute lunatics, the lot of them!
So now we'll have one execution stayed and another one proceeding. They'll try to collect on one person's debt through another person's case. Instead of protecting the person involved by paying off those debts, they'll probably just force him to prove everything was paid all over again... even though it's the water department's official duty to notify the court and stop the process.
Bottom line? I'm heading to the notary to take over representation for both of them and I'm going to hunt down the stays, the answers, and whoever is actually responsible for this mess. 🙂
In this country, they should probably require a law degree just to be born...